Charles Flanagan (Laois, Fine Gael) | Oireachtas source

As Deputy Smith will be aware, this matter has been addressed on a number of occasions in the recent weeks and months by me in the Dáil and Seanad and in public statements, as well as in other fora.  However, I welcome the opportunity to update the House on matters relating to the circumstances of the tragic death of the late Mr. Shane O'Farrell.

Following the Dáil motion last summer, I considered how best to give effect to that motion while at the same time respecting the fact that the Garda Síochána Ombudsman Commission, GSOC, was still investigating certain matters arising from the same incident. I sought the advice of the Attorney General on how best to proceed in the circumstances. At the end of January this year, I was notified by GSOC that its investigation had concluded and the report and recommendations had been sent to the Garda Commissioner.  The family received a similar notification.

Following this notification and having informed the Government of the approach I had decided to take, I appointed recently retired District Court Judge Gerard Haughton to conduct a scoping exercise and to advise me on the case. I met members of the family to inform them of the decision.  I subsequently provided the O'Farrell family with a copy of the terms of reference for Judge Haughton's scoping exercise and invited them to give their views on those terms of reference directly to Judge Haughton.  The terms of reference, which I have published on my Department's website, require Judge Haughton to provide me with an interim report within eight weeks of the commencement of the scoping exercise. Judge Haughton has met the O'Farrell family to discuss the terms of reference and to seek their input into any amendments that might be required.  I am now awaiting a report from Judge Haughton following his engagement with the family and when I receive that, I will be in a position to finalise the terms of reference for the scoping exercise.

As it stands, Judge Haughton is free to make any recommendation he deems fit, including the freedom to recommend the establishment of any of the various forms of statutory and non-statutory inquiry.  If he recommends an inquiry, of whatever type, I have asked him to provide me with draft terms of reference.  I look forward to receiving Judge Haughton's report in due course.

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